ICWA

This Note analyzes the difficulty that courts have in determining whether nonmarital fathers of Native American children are “parents” within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history leading to the enactment of ICWA and provides an overview of the subsequent interpretation of ICWA by the Supreme Court, state courts, and the Bureau of Indian Affairs (BIA). Part II presents the difficulties that...